HomeMy WebLinkAbout11-210MAY 10, 2011 11 -210 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE LEASE EXTENSION / SPANBAUER
MEMORIAL FIELD — CONCESSION OPERATIONS
INITIATED BY: PARKS DEPARTMENT
WHEREAS, the Fraternal Order of Eagles' operates the Spanbauer Memorial
Field concession stand under an agreement with the City of Oshkosh dated March 27,
1996 and expiring December 31, 2010;
WHEREAS, the Fraternal Order of Eagles' desires to extend the lease for an
additional one (1) year period pursuant to the same terms and conditions of the original
lease; and
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the attached Amendment to the Agreement with the Fraternal Order of
Eagles' for extension of lease for concession stand at Spanbauer Memorial Field is
hereby approved and the proper City officials are hereby authorized to execute and
deliver the agreement in substantially the same form as attached hereto, any changes
in the execution copy being deemed approved by their respective signatures, and said
City officials are authorized and directed to take those steps necessary to implement the
terms and conditions of the Agreement.
City of Oshkosh
Parks Department
805 Witzel Ave., PO Box 1130
Oshkosh, WI 54903 -1130
OfHKQfH (920) 236 -5080 (920) 232 -5316 FAX
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Ray Maurer, Parks Director
DATE: May 10, 2011
RE: Extension of Concessions Lease with Eagles Club
Ray Maurer
Director
BACKGROUND
On March 27, 1996, the Fraternal Order of Eagles first entered into a yearly contract with the City of
Oshkosh to run the concession stand at Spanbauer Memorial Field. That agreement was extended yearly
until March 15, 2001, when the lease was extended for a five (5) year period, expiring December 31, 2005.
The agreement was then extended again on March 24, 2006 for a five (5) year period, expiring December 31,
2010.
ANALYSIS
The Fraternal Order of Eagles has provided good service to the organizations that use Spanbauer Memorial
Field and proceeds made from the concession operation are earmarked annually to support the Eagles'
programs.
FISCAL IMPACT
The Lease Agreement includes an annual payment to the City of $1,000 or 10% of gross revenues,
whichever is greater for the year. Payments generally range between $1,500 and $2,500.
RECOMMENDATION
Staff recommends the Common Council approve the Lease Agreement extension for one (1) year, expiring
on December 31, 2011.
Respectfully Submitted,
OZ6 m��
Ray Maurer
Parks Director
Approved:
City Manager
EXTENSION OF LEASE
WHEREAS, The Common Council for the City of Oshkosh authorized and directed the proper
City Officials to enter into an appropriate lease agreement with the Fraternal Order of Eagles for the
Concession Stand located at Spanbauer Memorial Field in the City of Oshkosh; and
WHEREAS, the Fraternal Order of Eagles has requested an extension of the lease on the same
terms and conditions to expire on December 31, 2011.
NOW, THEREFORE, IT IS AGREED by and between the parties to this agreement that the
Lease Agreement between these parties is hereby amended as follows:
1. That the term of the Agreement shall be amended to end on December 31, 2011.
2. All rights and responsibilities under the Lease Agreement not specifically amended by
this agreement shall remain in effect.
IN WITNESS WHEREOF, the parties heretofore have caused this Amendment to be signed by
the proper persons of each party and their corporate seals, if any, to be hereunto affixed.
Dated:
2011.
FRATERNAL ORDER OF EAGLES
I�
CITY OF OSHKOSH
Mark Rohloff, City Manager
Approved as to Form and Execution:
Lynn A. Lorenson, Asst. City Attorney
And:
And:
Pamela R. Ubrig, City Clerk
I hereby certify that the necessary provisions have
been made to pay the liability which will accrue
under this contract.
Peggy Steeno
City Comptroller